M/S. Galaxy Promoters And Builders Thr Managing Partner Shahbaz F Khan v. M/S. Rajesh Builders Thr Managing Partner Rajesh R Singh

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3159 OF 2025 WITH INTERIM APPLICATION NO. 7536 OF 2025 IN CIVIL REVISION APPLICATION NO. 164 OF 2007 M/s. Galaxy Promoters and Builders Through Managing Partner .. Applicant

IN THE MATTER BETWEEN

M/s. Rajesh Builders .. Applicant

Versus

M/s. Galaxy Promoters and Builders and Ors.

.. Respondents ....................

 Mr. Rohan Savant a/w. Mr. Mohan B. Jadhav, Advocates for Applicant in Civil Revision Application.

 Mr. Shubham Suryawanshi, Advocate h/for Mr. Shailendra Kanetkar for Respondent Nos.3 to 11 in Civil Revision Application.  Mr. Aadil Parsurampuria a/w. Aalam Parsurampuria, Ms. Kejeshri Thakker, Advocates i/by Prashant Parsurampuria for Respondent No.11.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 16, 2025.

P.C.:

1.

Heard Mr. Savant, learned Advocate for Applicant in Civil Revision Application; Mr. Suryawanshi, learned Advocate for Respondent Nos.3 to 11 in Civil Revision Application and Mr. Parsurampuria, learned Advocate for Respondent No.11. 2.

Mr. Savant, in his usual fairness informs the Court that he received a communication by email from the Advocate for Applicant that he has suffered a bike accident and he required time to recover.

3.

These two Interim Applications have been filed for recall and modification of the order passed by this Court whereby by virtue of the said order statement was recorded of the original owners with regard to they showing their bonafides and bringing the entire amount received by them from the Developer in the year 2011 and deposit the same in Court subject to which they would be allowed to intervene and be heard in the Civil Revision Application.

4.

Applicants have also challenged the order restoring Civil Revision Application which was dismissed for default. Prima facie it is seen that Applicants' conduct in prosecuting the present Interim Applications is not fair. They are evading hearing of the Review Application. Be that as it may, since the Advocate is not present due to accident the Interim Application is adjourned. Applicants are directed to remain present on the next adjourned date. If Advocate for Applicants is unable to appear before this Court on the next adjourned date, alternate arrangement shall be made by Applicants. 5.

Since this is an Application seeking review of my previous order in the guise of recall of the order the matter will be heard and listed before this bench only.

6.

Copy of this order shall be served on Applicants and they are directed to remain present before this Court alongwith their pleader / Advocate on the next adjourned date to argue the Interim Applications.

7.

Needless to state that this is the nth time that the present Interim Applications are adjourned by this Court. In that view of the matter, if Applicants do not remain present before this Court on the next adjourned date, this Court shall be constrained to dismiss both the Interim Applications in view of the fact that the Civil Revision Application is pending before the regular Court for hearing as informed by Mr. Savant 8.

Stand over to 6th January 2026. To be placed under the caption 'First on Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.12.17 10:31:54 +0530 AJAY TRAMBAK UGALMUGALE